What is the Workers’ Compensation Statute of Limitations in Pennsylvania?
Almost every law in Pennsylvania has what is known as a statute of limitations. This statute refers to the time in which someone must be arrested, a lawsuit or a claim filed. Although some laws, such as murder, do not have time limits for filing, the biggest majority of them do and workers’ compensation is no exception.
Workplace Injury Statute of Limitations
According to Lundy Law, a workers’ compensation claim must be filed within three years from the date of the injury. In the case of an employee who has been denied benefits, a Claim Petition must be filed within three years of the date of injury as well. Failure to file the petition or the claim within three years could lead to the case being dismissed permanently.
Other Time Limits
In addition to the requirements for filing the claim, workers’ compensation in Pennsylvania has other time limits that must be followed. If your employer has a panel of physicians designated to treat workplace injuries, you must be treated by one of those physicians for at least 90 days after your injury.
There are some types of workplace injuries that have different time limits. For instance, if you lose your hearing due to your job duties, the law requires that the claim be filed within three years of the last time you were exposed to the noises that led to the hearing loss rather than the date that you lost your hearing.
If you are diagnosed with a disease related to exposure to hazardous chemicals, such as asbestos, your disability must occur within 300 weeks, which is around six years, of your last exposure to the toxin.
Exceptions to Statute
If your employer has already made payments to you for an injury but you never filed an official claim, you have three years from the last payment in which to file a formal claim for benefits. The time limit may be extended if an employer or the insurance carrier deceived the you into thinking they had accepted your claim.
In some cases, such as a cancer diagnosis, the statute of limitations may not begin until you know, or reasonably should have known, that the injury or illness was related to your place of employment.
If you or a loved one has suffered a workplace injury, contact Pennsylvania workers’ comp lawyers at Lundy Law today to learn what rights you may have. You can arrange for your initial, no obligation consultation by calling 1-800-Lundy Law or completing the easy form located on our website.